GAV18 v Minister for Home Affairs [2019] FCA 1259

The application for an extension of time was dismissed as the applicant did not appear despite being properly notified, and there was no sufficient explanation for the delay. Dismissal was ordered under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Parties: Applicant: GAV18; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction: Australia
Judgment Date: 09 August 2019
Procedural Posture: Application for Extension of Time and Leave to Appeal / Dismissal of Application With Costs Due to Non Appearance of Applicant
Outcome: Application for extension of time dismissed with costs
Legal Topics: Extension of Time, Non Appearance of Party, Dismissal of Application

Migration Law Administrative Law Extension of Time Non Appearance of Party Dismissal of Application

Case Brief

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Parties

GAV18

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal of Application With Costs Due to Non Appearance of Applicant

Legal Issues

1 Whether to grant an extension of time to file and serve application for leave to appeal
2 Impact of non-appearance of applicant on application

Ratio Decidendi

Court Disposition

Application for extension of time dismissed with costs

Orders

The name of the first respondent is amended to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'.
The application for an extension of time in which to file and serve an application for leave to appeal is dismissed with costs.